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Madras High CourtWP(MD)/5841/2024disposed of

Pandikannan v. The Commissioner Of Police

2024-03-25Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.5841 of 2024 Pandikannan ... Petitioner /vs./ 1.The Commissioner of Police, Commissioner Office, Madurai.

2.The Inspector of Police, C2, Subramaniyapuram Police Station, Madurai.

3.The Inspector of Police, Thiruparangundram Police Station, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to remove the petitioner's name from history sheet opened in H.S.No.4 of 2017 on the file of the second respondent police within a stipulated time that may be fixed by this Court on the basis of representation given by the petitioner dated on 05.02.2024 and 24.02.2024.

For Petitioner : Mr.S.Sivaprakash 1/6

For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

When the case came up for hearing on 13.03.2024, this Court passed the following order:

"The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents to remove the name of the Petitioner from the history sheet opened in H.S.No.4 of 2017 on the file of the second Respondent Police, by considering the Petitioner's representation dated 05.02.2024 and 24.02.2024.

2. It is the contention of the learned Counsel for the Petitioner that the Petitioner did not have any cases recently. Earlier, the Petitioner filed Criminal Original Petition in Crl.O.P.(MD).No.1964 of 2024 seeking direction against the Respondent Police not to harass him under the guise of enquiry and this Court vide order dated 08.02.2024 allowed the petition and the learned Government Advocate (Criminal Side) in the aforesaid Criminal Original Petition stated that only three cases were registered against the Petitioner, out of which two cases convicted and one case is disposed of. Subsequently, the Petitioner filed this petition 2/6

seeking to remove his name from the history sheet maintained by the Respondent Police.

3. The learned Government Advocate (Criminal Side) seeks time to file detailed counter.

4. At request of the learned Government Advocate (Criminal Side), post the case on 20.03.2024 by 2.15 p.m. as ''part-heard cases''.

2. Today, when the matter was taken up for hearing, the learned Government Advocate (Criminal Side) had filed counter and vehemently objected to remove the name of the Petitioner in the history sheet on the ground that four cases are pending against the Petitioner herein and the same is extracted hereunder:

SI.

No .

Case Details Offence under Section Name of the Police Station Result of the case 1.

Crime No.

956/2013 110(e) of Cr.PC C3 S.S.Colony Police Station Disposed.

(bond executed) 2.

Crime No.

714/2017 379 of IPC @ 379 r/w 34 of IPC C2, Subramaniyapuram Police Station Disposed.

Pleads guilty and paid the fine Rs.1000 JM IV Court, Madurai, Date: 09.03.2019.

3/6

3.

Crime No.

703/2017 379 of IPC @ 379 r/w 34 of IPC C2, Subramaniyapuram Police Station Disposed.

Pleads guilty and paid the fine Rs.1000 JM IV Court Madurai, Date:

11.09.2021.

4.

Crime No.

14/2016 379 of IPC Thiruparangundram Police Station Disposed.

Pleads guilty and paid the fine Rs.500 JM VI Court, Madurai, Date:

12.11.2016.

3. Considering the fact that no fresh case has been registered against the Petitioner and while viewing the tabular column extracted supra, the history sheet maintained against the Petitioner which are of the year 2013, 2016 and 2017, this Court is of the view that retention of the name of the Petitioner in the History Sheet maintained by the Respondent Police is illegal.

4. Therefore, the Respondent Police, is directed to remove the name of the Petitioner from the record of History Sheet in H.S.No.4 of 2017 on the file of the second Respondent forthwith.

4/6

5. With the above direction, this Writ Petition is disposed of. No costs. 25.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Nsr TO:

1.The Commissioner of Police, Commissioner Office, Madurai.

2.The Inspector of Police, C2, Subramaniyapuram Police Station, Madurai.

3.The Inspector of Police, Thiruparangundram Police Station, Madurai.

5/6

SATHI KUMAR SUKUMARA KURUP, J.

Nsr Order made in W.P.(MD)No.5841 of 2024 Dated:

25.03.2024 6/6